Hong Kong Regulations

SECURITIES AND FUTURES (LICENSING AND REGISTRATION) (INFORMATION) RULES - SCHEDULE 3

NOTIFICATION OF CHANGES

[section 4]

PART 1

CHANGES TO BE NOTIFIED BY LICENSED CORPORATIONS

Item Description of information

1. Changes in the basic information in respect of-

   (a)  the licensed corporation;

   (b)  each controlling person of the licensed corporation;

   (c)  each person who is a responsible officer of the licensed corporation;
        and

   (d)  each subsidiary of the licensed corporation that carries on a business
        in any regulated activity.

2. Changes in the persons who are controlling persons, responsible officers or
subsidiaries of the licensed corporation that carry on a business in any
regulated activity.

3. Changes in the following particulars of any corporation that is, or
becomes, or ceases to be, an associated entity of the licensed corporation-

   (a)  in the case where the corporation is an intermediary-

        (i)    the basic information in respect of the corporation;

        (ii)   its CE number;

        (iii)  the date of its becoming, or ceasing to be, an associated
               entity;

        (iv)   whether it has any executive officers; and

        (v)    the basic information in respect of its executive officers (if
               any); and

   (b)  in any other case-

        (i)    the basic information in respect of the corporation;

        (ii)   the date of its becoming, or ceasing to be, an associated
               entity;

        (iii)  whether it has any executive officers;

        (iv)   the basic information in respect of its executive officers (if
               any);

        (v)    in the case of a corporation becoming an associated entity, the
               facts that gave rise to the corporation becoming an associated
               entity; and

        (vi)   in the case of a corporation ceasing to be an associated
               entity, the facts that gave rise to the corporation ceasing to
               be an associated entity and (except in the case of an
               authorized financial institution) confirmation that all client
               assets of the intermediary that are received or held by the
               corporation prior to its ceasing to be an associated entity
               have been fully accounted for and properly disposed of and, if
               not, the particulars of any such client assets of the
               intermediary that have not been fully accounted for and
               properly disposed of.

4. Changes in the name, correspondence address, contact telephone and
facsimile numbers and electronic mail address of-

   (a)  each contact person appointed by the licensed corporation as the
        person whom the Commission may contact in the event of market
        emergency or other urgent need; and

   (b)  each person who is, or is proposed to be, a complaints officer of the
        licensed corporation.

5. Changes in the status of any authorization (however described) to carry on
a regulated activity by an authority or regulatory organization in Hong Kong
or elsewhere in respect of each of the persons referred to in item 1.

6. Changes in the status of the membership (however described) of a stock
exchange or futures exchange in Hong Kong or elsewhere in respect of each of
the persons referred to in item 1.

7. Changes in the relevant information in respect of each of the persons
referred to in item 1.

8. Significant changes in the nature of the business carried on or to be
carried on and types of services provided or to be provided by the licensed
corporation.

9. Significant changes in the business plan of the licensed corporation
covering internal controls, organizational structure, contingency plans and
related matters.

10. Changes in the capital and shareholding structure of the licensed
corporation and the basic information in respect of any person in accordance
with whose directions or instructions the licensed corporation is, or its
directors are, accustomed or obliged to act.

11. Changes in the information in respect of any assets of the licensed
corporation that are subject to any charge (including pledge, lien or
encumbrance).

12. Changes in the particulars in respect of bank accounts of the licensed
corporation relating to the conduct of regulated activities stating-

   (a)  whether an account has been opened or closed or has become dormant or
        ordered to be frozen by a competent authority;

   (b)  the name of the bank with which the account has been opened or closed
        or has become dormant or ordered to be frozen by a competent
        authority;

   (c)  the number of the account;

   (d)  the date of opening or closing any such account; and

   (e)  whether the account is or was a trust account.

13. Changes in the name of the auditor of the licensed corporation and the
reasons for the change in the auditor.

14. Changes in the address of each of the premises where the business of the
licensed corporation is, or is to be, conducted.

15. The address of each of the premises where records or documents of the
licensed corporation are no longer kept.

16. Changes in any insurance maintained or previously maintained by the
licensed corporation in accordance with rules made under section 116(5) of the
Ordinance.

PART 2

CHANGES TO BE NOTIFIED BY REGISTERED INSTITUTIONS

Item Description of information

1. Changes in the basic information in respect of-

   (a)  the registered institution;

   (b)  each controlling person of the registered institution;

   (c)  each person who is an executive officer of the registered institution;
        and

   (d)  each subsidiary of the registered institution that carries on a
        business in any regulated activity.

2. Changes in the persons who are controlling persons, executive officers or
subsidiaries of the registered institution that carry on a business in any
regulated activity.

3. Changes in the following particulars of any corporation that is, or
becomes, or ceases to be, an associated entity of the registered institution-

   (a)  in the case where the corporation is an intermediary-

        (i)    the basic information in respect of the corporation;

        (ii)   its CE number;

        (iii)  the date of its becoming, or ceasing to be, an associated
               entity;

        (iv)   whether it has any executive officers; and

        (v)    the basic information in respect of its executive officers (if
               any); and

   (b)  in any other case-

        (i)    the basic information in respect of the corporation;

        (ii)   the date of its becoming, or ceasing to be, an associated
               entity;

        (iii)  whether it has any executive officers;

        (iv)   the basic information in respect of its executive officers (if
               any);

        (v)    in the case of a corporation becoming an associated entity, the
               facts that gave rise to the corporation becoming an associated
               entity; and

        (vi)   in the case of a corporation ceasing to be an associated
               entity, the facts that gave rise to the corporation ceasing to
               be an associated entity and (except in the case of an
               authorized financial institution) confirmation that all client
               assets of the intermediary that are received or held by the
               corporation prior to its ceasing to be an associated entity
               have been fully accounted for and properly disposed of and, if
               not, the particulars of any such client assets of the
               intermediary that have not been fully accounted for and
               properly disposed of.

4. Changes in the name, correspondence address, contact telephone and
facsimile numbers and electronic mail address of-

   (a)  each contact person appointed by the registered institution as the
        person whom the Commission may contact in the event of market
        emergency or other urgent need; and

   (b)  each person who is, or is proposed to be, a complaints officer of the
        registered institution.

5. Changes in the status of any authorization (however described) to carry on
a regulated activity by an authority or regulatory organization in Hong Kong
or elsewhere in respect of each of the persons referred to in item 1.

6. Changes in the status of the membership (however described) of a stock
exchange or futures exchange in Hong Kong or elsewhere in respect of each of
the persons referred to in item 1.

7. Changes in the relevant information in respect of each of the persons
referred to in item 1.

8. Significant changes in the nature of the business carried on or to be
carried on and types of services provided or to be provided by the registered
institution.

9. Significant changes in the business plan of the registered institution
covering internal controls, organizational structure, contingency plans and
related matters.

10. Changes in the capital and shareholding structure of the registered
institution and the basic information in respect of any person in accordance
with whose directions or instructions the registered institution is, or its
directors are, accustomed or obliged to act.

11. Changes in the name of the auditor of the registered institution and the
reasons for the change in the auditor.

PART 3

CHANGES TO BE NOTIFIED BY LICENSED REPRESENTATIVES

Item Description of information

1. Changes in the basic information in respect of the licensed representative.

2. Changes in the status of any authorization (however described) to carry on
a regulated activity by an authority or regulatory organization in Hong Kong
or elsewhere in respect of the licensed representative.

3. Changes in the status of the licensed representative's membership (however
described) of a stock exchange or futures exchange in Hong Kong or elsewhere.

4. Significant changes in the types of services provided or to be provided by
the licensed representative on behalf of the licensed corporation to which the
licensed representative is accredited or seeks to be accredited.

5. Changes in the relevant information in respect of the licensed
representative.

6. Changes in whether the licensed representative has ever been a patient as
defined in section 2 of the Mental Health Ordinance ( Cap 136).

7. Changes in the status of any directorships, partnerships or proprietorships
of the licensed representative.

PART 4

CHANGES TO BE NOTIFIED BY SUBSTANTIAL SHAREHOLDERS

Item Description of information

1. Changes in the basic information in respect of the substantial shareholder.

2. Changes in the relevant information in respect of the substantial
shareholder.

3. Significant changes in the capital and shareholding structure of the
substantial shareholder.

4. In the case of an individual, changes in whether the substantial
shareholder has ever been a patient as defined in section 2 of the Mental 
Health Ordinance ( Cap 136).